1. Legislative research.
Yang Yifan inspected three laws of Zhu Yuanzhang, and made a comparative study of the laws of Ming Dynasty, Tang Dynasty and Yuan Dynasty. He made textual research on the imperial edicts in the early Ming Dynasty, other decrees, the implementation of decrees and the application of extra-legal punishment, and made a systematic study on the development and influence of severe punishments. He also made textual research on the existing version of Grand View of the Ming Dynasty, revealing the heavy code in the early Ming Dynasty. [13 1] Qian Daqun made textual research on the nature of the Ming and Qing Dynasties Code, and thought that the Ming and Qing Dynasties Code was a compilation of legal systems for reference, not an administrative code.
Zhang and others believe that the legislative interpretation of the Ming Dynasty has two remarkable characteristics: (1) it is strictly interpreted from the literal meaning of the law, and it is rarely extended in reasoning or comments. (2) Lawmakers focus on specific issues of law application, and rarely give a broad explanation of historical evolution or purpose. [133] Liu Guang 'an studied the imperial power and legislation in the Ming Dynasty, and proposed that the legislative power in the Ming Dynasty was exercised by combining imperial power legislation with local legislation. [ 134]
Regarding the relationship between "law" and "example" in Qing Dynasty, Su believes that "law" is the fundamental law of Qing Dynasty, which is in a dominant position in various laws and regulations, and "example" can supplement and assist the deficiency of law, and it is a parallel and complementary relationship with Qing Dynasty. [135] Wang Shirong believes that the precedent system in Qing dynasty effectively solved the adaptability requirements of the law, and it has a complementary relationship with the written law. "The positioning of precedents always adheres to the dominant position of statutory law, and the formation and application of precedents cannot be separated from the norms of statutory law." [136] Before the Qing Dynasty entered the customs, the Chongde ceremony was not imperial, but agreed. Although the Chongde ceremony system is crude and simple in content, it is a collection of administrative laws and regulations with relatively concentrated time outside the customs, and it is a rough blank that can not be ignored in the five dynasties after the Qing Dynasty entered the customs. [137] Qin Zheng analyzed the content and characteristics of the current rules of Kangxi, and thought it was a unique case of "codification" from case law to statute law. The version, name, notes and items of Shunzhi law are also textual researched. [138] Wang Kan and others put forward new views on the origin, nature, forms of expression, the relationship between precedent and law and its role in the legal system. [ 139]
2. Criminal law. According to the historical draft of China's criminal law, the punishment for eunuchs in the Ming Dynasty was relatively lenient, and administrative sanctions were generally given. Punishment generally includes corporal punishment, redemption, recruitment and death penalty. [140] For the six stolen goods in the Ming Dynasty, the penalty was heavier than that in the Tang Dynasty, especially for the crime of stealing property by officials. Ending stolen goods played a more prominent role in reducing the sentence. [14 1] There are several forms of voluntary surrender in the Qing Dynasty, such as voluntary surrender before committing a crime, having committed a misdemeanor, and asking for the remaining crimes when committing a crime. Voluntary surrender can be replaced by others. If surrender is not established, it should be punished with endless stolen goods. The first service to the victim can be regarded as surrender. [ 142]
3. Civil law.
Wei Qingyuan systematically expounded and studied the formation, content, function, management and disintegration of the Yellow Book system in Ming Dynasty by using detailed historical materials. [143] Guo et al. comprehensively analyzed and studied 39 newly discovered urban management laws and regulations, and discussed the compilation form, nature and function of urban management laws and regulations.
4. Judicial system.
Huai Xiaofeng investigated and discussed the imperial power in Ming Dynasty. [144] Taking Jiajing as a specimen, this paper comprehensively studies the judicial situation in the middle of Ming Dynasty, and points out that Shizong destroyed the traditional legal system with autocratic power, which changed the legal function from class dictatorship to individual dictatorship, from regulating the contradiction of rulers to suppressing dissidents, which aggravated social contradictions. [145] Gao Chunping analyzed the judicial situation in this period from a case. [146] Xiao Pinghan reflected the shortcomings of the judicial system in the late Ming Dynasty with new materials. [ 147]